If FISA is null and void...then any "unstamped" surveillance document is worthless when the FBI actually arrests an American citizen. The court handling the situation will toss out the charges. So the only thing that this adminstration can do with US citizens charged in this case...is hold them...hold them for as long as they want...because they can never enter a courtroom to defend themselves. Whether it be in a military jail or some special facility in Virginia...it doesn't matter...you can't take the individual into any court and process charges on them...because the court will immedately demand the court-approved surveillance paperwork.
Can you see where this goes? If you are the arrested individual...your constitutional rights go out the front door on arrest day. And the funny thing is that Jefferson and the Philly gang...in all of their wisdom in writing the significant parts of the constitution...never wrote an exemption to the constitution. They never said the president has the power to bypass and "white-out" portions that don't fit the situation. Perhaps there was a reason for that logic...hint: the Brits and their method of government in the new world...did as they please, and citizens were left with no protection. I truely believe in the war on terror...it has to be fought. But I also believe that we can fight it and win...by doing things the right way, and not maneuvering in the shadows and dumping laws when we think they are supporting our mission.
Uh, the court demands a warrant and probable cause for arrest. This is the first I've heard that any kind of paperwork is demanded for surveillance.
You've got your facts wrong. Besides, you are confusing law enforcement actions with actions during a time of war.
these agents of foreign powers shouldn't be getting US civilian trials - they should be getting military tribunals, or perhaps special non-jury trials in the FISA court. that's where you argument falls apart regarding "everbody's rights being thrown away" because of these foreign intercepts being handled without warrants.